Law and Politics chapters 1-7

Codified (Statutory)

Enacted by legislative bodies and written in statutes or constitutions

Common Law

Made by judges through precedents, court cases, and cultural norms

Civil Law

Involves suits between two entities or states

Criminal Law

Always public; cases are brought by the state or U.S. government and establish punishmentfor violations of statutes prohibiting harmful conduct.

Public Law

Cases where the government is involved or citizens have obligations to the governmentand includes areas such as constitutional law, administrative law, and criminal law.

Private Law

Cases where the government is NOT involved, such as contracts between private persons or corporations. This branch of law governs disputes between private individuals or organizations, focusing on areas such as contracts, property, and family law.

Constitutional

Laws added via amendments (e.g., 13th Amendment)that outline the structure, powers, and limitations of government.

Judicial

Precedents set by court cases (e.g., Roe v. Wade)

Legislative

Precedents for budgets, funding, or mandates

Executive

Executive orders, which are easily reversible

Key Powers in Article III

Establishes Original and Appellate jurisdiction for federal courts.

-Vests judicial power in one Supreme Court and inferior courts created by Congress

-Ensures Judicial Independence through life tenure ("good behavior") and protected salaries

Original jurisdiction

The authority to hear a case first, focusing on questions of fact

Appellate jurisdiction

The authority to review lower court decisions regarding questions of legality and the interpretation of the law.

Marbury v. Madison

Established Judicial Review, the court's ability to strike down laws by other government branches and determine their constitutionality, affirming the role of the judiciary as a check on legislative and executive power.

Found the Judiciary Act unconstitutional for granting original jurisdiction in excess¹

Judicial Activism

Legislating from the bench"; judges take an active role in policymaking

Judicial Restraint

Judges limit their own power and avoid policymaking

Baker v. Carr (1962)

Determined that courts do have jurisdiction over legislative districting

This is considered an example of Judicial Activism utilizing the 14th Amendment- to ensure equal representation and prevent disproportionate voting power.

District Courts

The "courts of fact"

Use bench trials, grand juries, and petit jurors

Handle the highest workload, approximately 300,000 cases per year

Circuit Courts (U.S. Court of Appeals)

Intermediate appellate courts created by the Evarts Act (1891)

-Usually sit in three-judge panels and typically uphold precedents

-Hear approximately 40,000 to 50,000 cases per year

Certiorari

The process by which SCOTUS selects cases for review to determine whether lower court decisions should be appealed. It involves filing a petition to have the case considered.

Rule of Four

At least four justices must agree a case is worthy of review to grant a writ of certiorari

Dissenting

Disagrees with the majority

Concurring

Agrees with the outcome but for different legal reasons

Per Curiam

An unsigned, typically brief opinion

The Shadow Docket

Emergency relief sought by Presidents or others from the Supreme Court

-Decisions may be made without the benefit of oral arguments

Diversity of Citizenship Jurisdiction

Applies to citizenship disputes involving parties from different states

-The controversy must exceed a value of $75,000 for federal trial courts to have jurisdiction

Mootness

A court will not hear a case if the issue is already resolved or "dead"

Standing

Parties must have a proper legal stake in the case to sue

Political Question Doctrine

The court will refrain from hearing disputes that it believes should be answered by the legislative or executive branches of government, focusing on issues that lack judicially manageable standards.

Federal Judicial Selection Process

1. Nomination: By the President

2. Hearing: Senate Judiciary Committee questions the nominee (often using "litmus tests")

3. Confirmation: Full Senate vote requiring a simple majority

Senatorial Courtesy

 An informal practice where the President consults home-state senators before nominating a District Court judge

State-Level Selection Methods

Partisan or nonpartisan elections

-Gubernatorial appointment

-Missouri Plan (Merit Selection): A nominating commission recommends candidates to the governor, who makes the final appointment, often followed by a retention election.

Gubernatorial appointment

A method where the governor appoints judges to the state courts, often without the need for election.

Merit Selection

A nominating commission recommends candidates to the governor, who makes the final appointment, often followed by a retention election.

Judicial Diversity

Recent efforts (like Biden’s) have increased race and gender diversity, though the judiciary still does not fully reflect the U.S. population

Professional Diversity

Remains limited, as most judges come from elite law schools, large firms, or prosecutorial backgrounds rather than public defense

mandatory minimums

Refers to laws that set the lowest punishment for certain crimes, preventing judges from imposing lighter sentences. These laws often disproportionately impact marginalized communities and contribute to prison overcrowding.

Justiciability

The ability of a court to hear a case and make a binding decision, often pertaining to whether an issue is appropriate for judicial resolution.

Who hears cases of fact?

District

Who hears cases of legality?

appellate

due process

A legal requirement that the state must respect all legal rights that are owed to a person. It ensures fair treatment through the judicial system, including the right to a fair trial.

De vesa vs dorsey

1993 court case that questioned the fairness of senatorial courtesy

morse vs frederick

A 2007 Supreme Court case that addressed student free speech rights and the limits of expression at school-sponsored events.

-Schools can censor pro-drug related propaganda if it contradicts the school's educational mission.

Southern manifesto

A document created in 1956 by Southern congressional leaders that opposed racial integration in public places, asserting states' rights to resist federal mandates. It declared that states had the right to nullify federal laws that conflicted with their own.

Brown vs Board of education

landmark Supreme Court case decided in 1954 that declared racial segregation in public schools unconstitutional, stating that "separate but equal" educational facilities are inherently unequal.

-Contradicted 1896 Plessy Vs Ferguson

14th amendment

The amendment to the United States Constitution ratified in 1868 that grants citizenship and equal protection under the law to all persons born or naturalized in the U.S., including former slaves.

It prohibits states from denying any person life, liberty, or property without due process of law and ensures equal protection of the laws.

Roe V Wade

landmark Supreme Court case decided in 1973 that recognized a woman's constitutional right to privacy,

-Abortion is backed by 14th amendment rights

-however later trimester abortions will be prohibited allowing states to regulate abortion after the first trimester.

Dobbs V Jackson

The Constitution does not provide the right to abortion

-Abortion is not protected by 14th amendment

-Roe v Wade overruled

-Now abortion up to the states

Dobbs v. Jackson (2022) and Roe v. Wade (1973

These cases are used to highlight how the composition of the bench (shaped by presidential appointments) directly leads to the overturning of long-standing precedents. They illustrate the high stakes of the federal selection and confirmation process

Baker Vs Carr

a landmark Supreme Court case that established the principle of "one person, one vote," addressing issues of legislative redistricting and voter representation.

-established that legislative apportionment is a justiciable issue

supreme court performed a 6 figure test to see if a legal issue was a political question they should stay out of